We Care About Your Future.

OUR Law firm’s

PHILOSOPHY

1. We are always preparing your case for trial.

We presume that the insurance company will fight to deny your case, and we must be prepared to do battle with them. At that same time, we pride ourselves on being attentive to your needs and compassionate towards our your unique situation.

2. We are your Workers’ Compensation specialists and advocates.

Our lawyers and staff are dedicated exclusively to advancing the interest of Georgia’s working class and Workers’ Compensation Law in general.

3. We will strive to make you “whole again”.

The insurance company has their team already in place to deny your claim. Once you become a client of the Ramos Law Firm, you will have leveled the playing field.

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EXPERIENCED WORKERS' COMP LAWYERS IN GEORGIA

Have you or someone you love been hurt at work? There are certain deadlines in the Georgia Workers’ Comp system. Fill out the contact form below for a free consultation to examine your rights, or call us at(770) 637-0105, even if you’ve been denied benefits.

GEORGIA WORKERS’ COMPENSATION LAW FAQs

While obviously, no one wants to consider the worst happening while at work, the chances of sustaining a workplace injury, while not necessarily a likely or common occurrence, is still something that absolutely needs to be taken into consideration.

If you are to sustain a serious injury at work and require time off, the thought of going for an extended period with no pay can be crippling. After all, there are bills that need to be paid and a family that needs to be supported.

Workers’ Compensation in Atlanta, GA, is a government-sponsored insurance benefit that is designed to help you when you sustain a workplace injury and require extended time away from work. Because workers’ compensation claims can be complex and many legitimate claims are denied, it’s important to work with a work compensation attorney in Atlanta, GA to help with the process. The following are some of the most important questions regarding workers’ comp.

What is Atlanta Workers' Compensation?

Atlanta work compensation or workman’s compensation is a legal safety net that covers an employee and entitles them to irrefutable benefits should they become injured at work. Benefits available are medical care, lost wage (indemnity) benefits, vocational rehabilitation services and, in the most extreme cases, death benefits.

Employers are obligated to pay for workers’ compensation insurance that pays for these benefits. There are some employers statutorily exempt from being required to pay for workers’ compensation coverage, but every employer is responsible for an employee’s medical care should they receive an injury at work, and for the payment of their indemnity wage benefits.

I've been injured at work, am I covered under Georgia workers’ compensation law?

In short, yes. Whether you’re full time or part-time, your employer is required by law to have you covered should you receive an injury at work. There are some limited exemptions stipulated in the law, however. Domestic employees, uncompensated officers, directors of some specific non-profit organizations, the majority of real estate salespersons and public officials are exempted. Additionally, volunteer workers, for the most part, would not have any entitlement to these benefits.

Even if you’re not actually at work, so long as the injury is workplace-related, such as driving as part of your job duties, the injury will be covered.

If an employer isn’t required to have worker’s compensation insurance, then at least they have to be approved to self-insurance. If an employee suspects that their employer is not covered, or if that employer is requiring their employees to pay for their own worker’s compensation insurance policy, then this is a violation of the law.

Who pays for my medical bills after the injury?

Any medical or hospital expenses that have to be undertaken in order to diagnose and treat your injury are covered by workers’ compensation. You are not responsible for the medical bills that arise as a result of your injury. You may need to pay medical bills soon after your accident, however, before workers’ comp benefits begin, but the workers’ compensation benefits will still cover these bills. After your accident, it’s important to keep copies of medical bills and any expenses you need to pay out of pocket. These bills will be sent to the workers’ compensation insurance company.

Can I be fired while I’m on workers’ compensation benefits?

There are laws protecting workers from retaliatory termination for filing for workers’ comp benefits. It’s illegal to fire an employee simply for filing for workers’ comp. Georgia is an at-will employment state and allows employers to terminate employees for any reason except discrimination. Firing someone for filing a workers’ comp claim is considered an unlawful termination due to discrimination. If you are terminated after you make a workers’ comp claim, it’s important to speak with an experienced workers’ compensation lawyers in Atlanta.

Are workers’ compensation benefits taxable in Georgia?

Generally speaking, under IRS Code 104, any money received while under workers’ comp are not considered income, and therefore not taxable. There is an exception, however, that stipulates that a portion of the workers’ comp may possibly become taxable if a worker who is injured is, along with their workers’ comp, also in receipt of benefits through Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI). There is a certain threshold that the combined social security benefits and workers’ comp will need to stay below in order to avoid taxation.

What will often happen is the disability insurance payments will be reduced in order to meet the threshold, and the amount of that reduction will be considered taxable income of the workers’ compensation benefits, although this is usually a fairly insignificant amount.

As a general rule, you do not need to worry about paying taxes on workers’ compensation benefits.

Is travel to work covered under workers’ comp?

In general, accidents that happen while commuting to or from work are not eligible for workers’ comp. As far as the law is concerned, accidents that may arise at this time happen on an employee’s time and not an employer’s, so the employer bears no responsibility.

There are a few cases in which accidents while traveling to work are covered by workers’ comp. For example, most on-call employees should be covered from the moment they are called, rather than when they arrive for work. Those who are on the road for work, such as salespersons and nurses, are exempt from the “coming-and-going” rule, as this is an integral part of their employment. Employees who have to commute via a “zone of danger,” such as a construction site on the way to work may be eligible if they become injured as a result of this.

Can you work while receiving workers’ compensation benefits in Atlanta, GA?

In a word, no. The idea is that you would be receiving workers’ compensation specifically because you are injured and unable to work. If you show that you are capable of working a second job, the insurance company could determine that you are able to return to work or find employment elsewhere.

Does workers' compensation include benefits for overtime pay?

There’s a special formula designed for calculating the total you would be owed with workers comp in Atlanta, Georgia. The gross of the previous 13 weeks (prior to the injury) is totaled, divided by 13 (to achieve the weekly amount) and multiplied by two thirds. From this, the total temporary disability rate is attained, although as of 2019, the maximum amount possible to be earned from temporary disability benefits is $675 per week.

So yes, any overtime worked in those previous 13 weeks will be included when calculating your average weekly wage, and even if you were entitled to it but weren’t in receipt of it.

Is workers’ comp required for independent contractors under the Georgia law?

Generally speaking, independent contractors are not entitled to receive workers’ compensation benefits. Despite more and more people undertaking jobs on a contractual basis, independent contractors are nonetheless considered self-employed, and therefore, somewhat paradoxically, both employers and employees.

This isn’t to say it’s all bad news, however, as Georgia laws regarding independent contractors can be somewhat complex. Sometimes someone who may not be a normal W2-type employee may be entitled to receive workers’ compensation benefits.

When should I get an attorney for a workers’ comp claim?

A workers’ compensation lawyer in Atlanta can help you file a workers’ comp claim or assist you if your claim is denied.

Knowing when you may need the assistance of a workers’ compensation attorney is crucial. The following points are suggestions of when the help of an attorney in your case could be vital:

When initially filing a workers’ comp claim: While you’re filing your claim, an attorney can help to ensure that both yourself and your employer are taking the appropriate and necessary steps. Even a simple mistake during this process can cause delays in your claim or even a denied claim. An attorney can help to ensure the process is completed properly.

If your employer or the insurance agency denies your claim, or attempts to stop or modify your benefits: If your employer attempts to deny your claim, or even if they or the insurance company tries to reduce or even eliminate your benefit, having an attorney at your side can help to ensure that all of your rights are protected, and you’ll continue to receive everything you should.

If your employer tries to send you to a specific doctor or asks you to send a medical examination: It’s up to you to choose which doctor you wish to see, however, some employers may try to control their employees’ medical treatment and inform them that they can only see specific doctors. A lawyer will ensure that you’re receiving the best care and that no employer is trying to shift the claim into their favor

There may have been a third party involved: If there was a third party involved in the injury, and perhaps they were the cause, you may have a third-party claim in addition to a workers’ compensation claim.

If you are already collecting additional benefits: Sometimes people receiving workers’ comp are also eligible for other benefits, such as Social Security disability, for example. Your attorney can help you be sure that you are receiving all of the benefits that you are entitled to.

Ultimately, there is a lot you may need to consider, and a lawyer can help you not only protect your rights and ensure your claims process proceeds as smoothly as possible but also assist with the appeals process if you’re denied.